WILFRED BERMUDEZ v. CFI RESORTS MANAGEMENT, INC.

Case No. 6:19-cv-01847-Orl-37DCI in United States District Court for the Middle District of Florida (Orlando Division)

IF CFI RESORTS MANAGEMENT, INC., OR ITS RELATED ENTITIES OBTAINED YOUR CONSUMER REPORT (BACKGROUND CHECK) FOR EMPLOYMENT PURPOSES, YOU ARE ELIGIBLE TO RECEIVE A PAYMENT ANTICIPATED TO BE $57.50 FROM A CLASS ACTION SETTLEMENT.

YOU RECEIVED A NOTICE BECAUSE YOU HAVE BEEN IDENTIFIED AS A CLASS MEMBER. YOUR LEGAL RIGHTS WILL BE AFFECTED BY THE SETTLEMENT OF THIS LAWSUIT.  PLEASE READ THIS NOTICE CAREFULLY.  IT EXPLAINS THE LAWSUIT, THE SETTLEMENT, AND YOUR LEGAL RIGHTS.

 

Notice: On October 16, 2020 the Court entered an order extending the deadline for Class Members to object to attorneys' fees and costs to Thursday, November 5, 2020 [Click to View Order].

 

Your legal rights and options in this settlement

HOW TO GET PAID FROM THE SETTLEMENT

If you timely return the attached Claim Form or file a claim through the Settlement Website noting that you choose to receive a cash recovery, and the Court grants final approval of the Class Settlement, you will be sent a Settlement Check anticipated to be $57.50.

 

THE CLAIM FORM MUST BE RECEIVED BY THE CLASS SETTLEMENT ADMINISTRATOR NO LATER THAN OCTOBER 17, 2020.

IF YOU DO NOTHING

If the Court approves the settlement and you do nothing, you will be releasing your claims and you will not receive any money.  The Full Release and Released Parties are available on this website under the Important Court Documents section.

IF YOU EXCLUDE YOURSELF FROM THE SETTLEMENT

You have the right to exclude yourself from the settlement completely (“opt out”).  You can opt out by following the instructions on the Settlement website, which are also provided below.  You will not receive any monetary payments from the Settlement.  You will not have any right to object, but you will not be bound by the terms of the Settlement and will retain your rights to file your own lawsuit.  The opt out deadline is September 17, 2020.

 

If you do not exclude yourself, you may object to the settlement.  You can remain in the Settlement Class but file written objections to the Settlement.  The Court will consider the objections in deciding whether to approve the Settlement.  Instructions for mailing an objection are on the Settlement Website.  If the Settlement is approved, you will not be able to sue the Released Parties for the Released Claims as defined by the Joint Stipulation of Settlement, available on the website, such as for claims relating to an employment background check when you applied for a job with CFI Resorts Management, Inc. or its related entities.

 

  1. What is this lawsuit about?

    1. This lawsuit is pending in the United States District Court for the Middle District of Florida.  Wilfred Bermudez (the “Plaintiff”), sued CFI Resorts Management, Inc. in this class action case (Bermudez v. CFI Resorts Management, Inc.,  Case No. 6:19-cv-01847-Orl-37DCI) alleging causes of action against CFI Resorts Management, Inc. for alleged violations of the Fair Credit Reporting Act (“FCRA”).  Specifically, Plaintiff alleged that CFI Resorts Management, Inc. violated  15 U.S.C. §§ 1681b(b)(2)(A)(i)-(ii) by  obtaining and using consumer reports for employment purposes for Plaintiff and other class members without making a lawful disclosure.  CFI Resorts Management, Inc. denies that it violated the FCRA or that its application did not provide adequate disclosure under the FCRA.

      The “Settlement Class” is defined to include:

      All individuals who were subject to at least one consumer report (background check) procured for employment purposes by CFI Resorts Management, Inc. between the dates of September 25, 2017 and March 6, 2020.

  2. Who are the Attorneys representing the Class and how will they be paid?

    1. The Court has appointed lawyers to represent the Class, but you may enter an appearance in the case through an attorney if you want.  If you do so, you will have to pay for your own lawyer.

      The attorney who has been appointed by the Court to represent the Class is:

      Marc R.  Edelman
      Morgan & Morgan, P.A.
      201 N. Franklin Street, Floor 7
      Tampa, FL 33602-5157
      813-223-5505 

       

      Subject to the Court’s approval, Class Counsel may seek its attorney’s fees and litigation costs of an amount equal to one-third of the Settlement Fund ($168,553.90) and litigation costs. CFI Resorts Management, Inc. has agreed not to oppose attorney’s fees up to $161,225.54.   Class Counsel will also ask the Court to award Plaintiff a service award up to $5,000.00. 

  3. What rights am I giving up in this settlement?

    1. Unless you exclude yourself from this settlement, you will be considered a member of the Class, which means you give up your right to sue or file a lawsuit against CFI Resorts Management, Inc. or its related entities (as further defined as the “Released Parties” in the Stipulation of Settlement available on the class website) regarding the legal issues that were raised or could have been raised in this case.  Giving up your legal claims is called a release.  You will be releasing these parties from all claims relating to the procurement of a background check when you applied for a job as further defined as the “Released Claims” in the Stipulation of Settlement available on the class website.            

  4. If I chose to do so, how do I exclude myself from the settlement?

    1. If you wish to be excluded, you must mail a written request for exclusion to the Settlement Administrator at:

      Bermudez FCRA Settlement
      c/o Settlement Administrator
      PO Box 23489
      Jacksonville, Fl 32241-3489
      Phone: (800) 641-9107
      Fax: (877) 430-1941

      Your request for exclusion must be in writing and postmarked on or before September 17, 2020.  The request must state:  “I do not want to be part of the Class in Bermudez v. CFI Resorts Management, Inc., Case No.: 6:19-cv-01847-Orl-37DCI.  The request should be signed, with your name, address, and telephone number printed below your signature.  The address you use should be the address to which this notice was mailed, so that you can be properly identified.  However, if you have a new address, please inform us of the new address so we can make the change in the Class List. 

  5. When and where will the Court decide whether to approve the settlement?

    1. The Court will hold a Fairness Hearing on November 12, 2020 at 10:30 a.m.  The hearing will be held in the United States Federal Courthouse for the Middle District of Florida, located in Orlando, Florida.  At the Fairness Hearing, the Court will consider whether the proposed settlement is fair, reasonable, and adequate.  The Court will hear objections to the settlement, if any.  We do not know how long the Court will take to make its decision.  In addition, the hearing may be continued at any time by the Court without further notice to you. 

  6. Where can I get additional information?

    1. This notice is only a summary of the proposed settlement of this lawsuit.  Certain pleadings and documents filed in Court, including the Joint Stipulation of Settlement (Settlement Agreement), may be reviewed or copied in the Clerk’s Office or by visiting the Important Documents section.